High Court Upholds Ruling On Traffic-stop Evidence

STATE

TALLAHASSEE — Prosecutors can't use evidence seized by police who use a minor traffic violation as an excuse to stop a driver suspected of bigger crimes, the state Supreme Court said Thursday.

Even if there's no indication the traffic infraction was used as an excuse, the evidence must be thrown out of court unless prosecutors show the judge that a police officer routinely makes similar stops, Justice Gerald Kogan wrote for the unanimous court.

The ruling upholds a similar 1988 decision by Florida's high court. It stemmed from the arrest of Alan Daniel in May 1992 after Jacksonville sheriff's Sgt. Bobby Lawrence Deal stopped him in an area known for prostitution and drug-peddling.

Deal said he saw Daniel's windshield had a large crack and his wiper was stuck directly across the driver's view. He intended to give Daniel a warning.

But when Daniel couldn't produce a drivers license, Deal arrested him. Cocaine and a crack pipe were found on Daniel when he was patted down, and he was charged with possession of cocaine and paraphernalia.